FORM A - FOR ADULTS (18 AND ABOVE)

AGREEMENT OF TERMS AND CONDITIONS OF PARTICIPATION IN PITCH THE FUTURE 2021 (ADULTS –
18 AND ABOVE)

• Shell International Limited, incorporated and registered in England, with company number
3075807 and headquarters at Shell Centre, York Road, London, SE1 7NA hereafter known as
“Competition Organiser” or “Organiser” is the Organiser of Pitch the Future 2021, the
“Competition”.
•
Participant full name

Institute name

Institute address

(the “Participant”)

A. Introduction

This Agreement sets out the terms and conditions of participation in the Competition, liability of the
Organisers and Participants, provisions regarding the rights to photographic images, audio and video
recordings made during the Competition by the Organiser and/or its agents. Lastly, it contains provisions
regarding the intellectual property with regards to the Competition and data privacy information.

The Competition will be held virtually from October 1 – December 20, 2021.

During the Competition, the Organiser will offer participating teams the opportunity to compete in the Pitch
the Future competition as defined in the Rules here.

B. Terms and Conditions of Participation

1. By signing these terms and conditions of participation, each team member taking part in the Competition
(each a “Participant”) declares:
a. that he/she will observe the Terms and Conditions;
b. that he/she will fully comply with the instructions of the Organiser and/or its agents; and
c. that he/she will follow all instructions completely and correctly.

2. The following terms and conditions of participation apply during the entire Competition, from the date
of commencement until the winners are announced:
a. The Participant takes part in the Competition on his/her own account and liability;
b. The Participant is aware of the potential hazards associated with his/her participation;
c. The enclosed disclaimer of liability, the consent and the privacy policy as signed by the Participant
and/or if applicable his or her parent/guardian forms an integral part of the Terms and Conditions;
d. Under civil and criminal law the Participant will be the sole person responsible for all damage
culpably caused by his/her participation in the Competition;
e. The Participant is aware that the Organiser will not offer or provide insurance cover for him/her;

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f. The Participant undertakes to observe the Organiser’s rules and instructions, including but not
limited to the Shell Eco-marathon 2021 Global Rules, Chapter I and the Pitch the Future 2021 Rules;
and
g. The Participant declares that he/she will not make improper use of the Competition to publicise
political messages or messages critical of society.

3. The Organiser reserves the right to exclude any Participant from the Competition immediately should
such party negligently or wilfully contravene the rules and regulations laid out in the Terms and Conditions
as defined above. Moreover, depending on the circumstances, such contravention may lead to claims for
damages, liability and legal claims by the Organiser or their agents’ vis-à-vis the Participant.

C. Film & Photography Contribution

This Privacy Notice is to inform you about the use of your Film & Photography Contributions in the
Competition. It complements the Make the Future & Shell Eco-marathon privacy policy.

The Participant is aware that photo, audio and video recordings will be made by the Organisers during
the Competition, and also provided by the Participants in the form of submissions for the competition. The
Organisers, the Shell group and the official Competition Partners (Adobe Inc and Microsoft Corporation)
may use and process these materials for general publicity and commercial purposes, including paid
advertising, at events and through any form of media, including but not limited to print media, online media
and television media.

Except where required by applicable local law or emergency situations, or for our archiving arrangements
referred to below, photographs or film are exclusively processed for the purposes referred to above and
will only be shared with:
• Other companies within the Shell group of companies;
• Authorized third party agents, service providers, external auditors and/or subcontractors of Shell;
• A competent public authority, government, regulatory or fiscal agency where it is necessary to
comply with a legal or regulatory obligation to which the relevant Shell company/companies is
subject to or as permitted by applicable local law; or
• With your consent, with authorised third-party companies that co-host or are a business partner in
the event.

The Organiser and official Competition Partners will not process such materials for longer than five years
after which they will be deleted unless there is a continuing need for that material for the purposes referred
to above in which case they may be retained for up to a further five years. In all cases information may be
held for:
(a). A longer period of time where there is a legal or regulatory reason to do so (in which case it will
be deleted once no longer required for the legal or regulatory purpose) or where the material is
retained in our archive for public interest or historical and statistical research purposes; or
(b). A shorter period where the individual objects to the processing of their personal data and there is
no longer a legitimate business purpose to retain it, or consent is withdrawn.

In those cases where processing is based on consent, and subject to applicable local law which provides
otherwise, you have the right to withdraw your consent at any time. This will not affect the validity of the
processing prior to the withdrawal of consent.

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D. Disclaimer of liability

The Participant declares: I will not assert any claim for damages from the Organiser in connection with my
participation in the Competition.

E. Intellectual Property

Any work performed for use in the Competition may result in the creation of intellectual property. Teams
are encouraged to consider all such intellectual property created as valuable assets, and to seek
professional advice about its protections prior to any submission to the Organisers, publication or public
usage.

By entering, each Team warrants and represents that their entry does not infringe, defame or otherwise
violate the rights and/or property of any third party; does not violate any laws or regulations; and does
not utilise, use or infringe the property of any third party including the property and rights of another team
without express written permission to do so. Each team further warrants that the possession, exploitation,
use or distribution by that team of their entry by the Organisers, including any intellectual property included
in their entry (including without limitation patents, copyrights, designs, trade or service marks, whether
registered or not), shall not infringe or misappropriate the intellectual property right of any third party.
Each Team shall indemnify the Organisers and its parent, affiliate and subsidiary companies against any
costs, loss or damage suffered or incurred by the Organisers and its parent, affiliate and subsidiary
companies as a result of any claim that the use by a team thereof infringes the intellectual property right of
any third party

Each Team grants the Organisers, the Shell group and the Organiser’s partners, an exclusive licence to
freely use their entry for general publicity and commercial purposes, including paid advertising, at events
and through any form of media, including but not limited to print media, online media and television media.
Notwithstanding the foregoing, the Team may freely use their entry provided all incidences of Organiser’s
and/or Shell’s trademarks are removed.

Except for use of the Shell Eco-marathon logo, Participants undertake to not use the Organiser’s name or
trademark in any material or medium, and not to present themselves as being connected with the Organiser
in any way

F. Privacy Policy

The Make the Future & Shell Eco-marathon privacy policy covers our use of your personal information as
collected in the official Shell Eco-marathon registration website, the Pitch the Future registration website,
and these Terms and Conditions of Participation.

We collect and use personal information (name, address, country, email address, date of birth and mobile
phone number) in order to register and facilitate your participation in the Competition.

Except as set out in this privacy policy, we will not disclose any personally identifiable information without
your permission unless we are legally entitled or required to do so (for example, if required to do so by
legal process or for the purposes of prevention of fraud or other crime) or if we believe that such action is
necessary to protect and/or defend our rights, property or personal safety and those of our users/customers
etc.

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G. Miscellaneous

1. This Agreement is personal between Organisers and the Participant and may not be assigned to any
other person other than with the prior written consent from the Organisers.
2. This Agreement and its attached terms of reference constitute the entire agreement between ourselves
and supersedes all other communications whether written or oral except as expressly referred to in this
letter.
3. Any notice or other communication to be given under this Agreement shall be in English and in writing,
and delivered by hand or sent by post, facsimile (with proof of transmission) or by email to the address
written on page 1 for Organisers and below the signature section for the Participant, or to such other
address as either Party may from time to time designate by written notice to the other Party.
4. Severability – If any provision of the Agreement is determined to be invalid or unenforceable in any
respect, the provision will remain enforceable in all other respects, and all other provisions of the
Agreement will be given full effect. The parties agree to replace the provision with a valid provision that
achieves to the greatest possible extent the purposes of the original provision.
5. This Agreement may not be amended or modified orally and no amendment or modification shall be
effective unless it is in writing and signed by the authorised representatives of each of the parties.
6. The provisions of this Agreement are intended to bind the Parties as to each other and are not intended
to and do not create rights in any other person or confer upon any other person any benefits, rights or
remedies, and no person is or is intended to be a third party beneficiary of any of the provisions of this
Agreement.
7. A provision of this Agreement is not waived unless made in writing by an authorised representative of
the waiving Party. The delay or failure of a party to enforce a provision under the Agreement does not
constitute a waiver of that provision. The waiver of a right or the partial exercise of a remedy does not
limit a Party’s entitlement to later exercise that right or remedy.
8. Provisions that state that they survive or by their nature are intended to survive completion of
performance or termination of this Agreement do so, along with all remedies attached to them.
Provisions that survive include the sections relating to liabilities, indemnities, limitations, exclusions, and
releases, as well as provisions regarding duties on termination, taxes, audit rights, record keeping
obligations, governing law, dispute resolution, confidentiality, announcements and protection of
intellectual property. Those provisions will survive for the period set out in this Agreement, or if no
period is specified, then for as long as is required by applicable law.
9. The validity, construction and performance of this Agreement shall be governed by English law.
10. Organisers and the Participant agree to use their best efforts to amicably settle all disputes arising out
of or in connection with the Services. Any dispute between the Participant and Organisers shall initially
be referred to a Director of Organisers and a representative of the Participant who shall endeavour to
resolve the dispute. In the event that a dispute is not resolved by this procedure, such dispute, controversy
or claim arising out of or in connection with this Agreement whether in tort, contract, under statute or
otherwise, including, but not limited to, any question regarding its existence, validity, interpretation,
breach or termination, shall be finally and exclusively resolved by arbitration under the arbitration rules
of the London Court of International Arbitration (“LCIA”) in force as at the date of this Agreement (the
"Rules") and such Rules are deemed to be incorporated by reference into this Agreement. The tribunal
shall consist of one arbitrator to be appointed in accordance with said Rules. The seat of this arbitration
shall be London. The language of the proceedings shall be English. The appointing authority shall be

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the LCIA. The arbitration shall be confidential. Nothing in this clause shall be construed as preventing
either Party from seeking conservatory or interim relief from any competent court or an interim arbitrator
in accordance with the LCIA Rules.
11. Participant represents that it is familiar with and will comply with all laws applicable to the performance
of the Agreement, including sanctions and embargoes.
12. This agreement to arbitrate constitutes a waiver of any right to sovereign immunity from execution to
which a Party might otherwise be entitled with respect to the enforcement of any award rendered by an
arbitral tribunal constituted pursuant to this Agreement.
By signing, I declare that I have read, understood and accepted all the Terms and Conditions in this
document.

Participants’ details

Full name

Date of birth
Age
Email address

_______________________________ ______________________________
Date Signature

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